Gilbert v. City of Sunnyvale

In Gilbert v. City of Sunnyvale (2005) 130 Cal.App.4th 1264, the court held Government Code section 3303, subdivision (g) requires disclosure only of the final investigative report and formal complaints. (Gilbert, at p. 1286.) It observed, "in the context of an investigation, a 'report' would be generally defined as a detailed account or statement and a 'complaint' would be generally defined as 'a formal allegation against a party.' Both 'report' and 'complaint' suggest a more formal presentation than the raw or original source materials from which a report may be drawn." (Ibid.) It also noted, "fair treatment of such officer does not require that all the material amassed in the course of the investigation, such as raw notes, written communications, records obtained, and interviews conducted, be provided to the officer following the officer's interrogation. Nothing in POBRA's language or legislative history reveals a Legislative intent to provide an officer who is the subject of an administrative internal affairs investigation with broad statutory discovery rights similar to those held by criminal defendants." (Id. at pp. 1286-1287.) Gilbert disagreed with an earlier case suggesting the section requires disclosure of underlying investigative materials. (Id. at pp. 1284-1285 criticizing San Diego Police Officers Assn. v. City of San Diego (2002) 98 Cal.App.4th 779, 783-784.)